jatinr
01-17 11:04 PM
I have received 485 receipts and PD is field is empty. My I-140 which was already approved has the priority date specified in it.
Anyone has this column filled?
Anyone has this column filled?
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dealsnet
01-28 08:34 AM
If you overstayed more than 180 days will trigger a ban. Apply for a visa, or try to find out from CBP or your local consulate or embassy, to find out the ban period. May be 3 or 10 years. You can appeal for ban waiver. Tell the truth at consulate, if not the ban will be greater.
gc28262
03-09 06:14 PM
Gurus,
My lawyer received Ability to Pay rfe on my I-140. My lawyer is ready with most of the documents
Duration to be covered
2004-2008
My docs ready for the duration:
W2s ( 2004 - 2008)
Tax returns ( 2004 - 2007)
Paystubs ( recent )
Company docs ready:
Tax returns: 2004 - 2007
However for year 2008, company has requested IRS an extension to file tax return.Company is trying to come up with audited financial statement for year 2008. They are still working on it.
However deadline for filing RFE response is this Wednesday ( 03/11/2009)
My questions:
1. Can my lawyer ask for an extension for filing RFE response in this scenario ?
2. Are there any alternatives if my company cannot come up with audited financial statements in this time frame ?
I appreciate your inputs.
My lawyer received Ability to Pay rfe on my I-140. My lawyer is ready with most of the documents
Duration to be covered
2004-2008
My docs ready for the duration:
W2s ( 2004 - 2008)
Tax returns ( 2004 - 2007)
Paystubs ( recent )
Company docs ready:
Tax returns: 2004 - 2007
However for year 2008, company has requested IRS an extension to file tax return.Company is trying to come up with audited financial statement for year 2008. They are still working on it.
However deadline for filing RFE response is this Wednesday ( 03/11/2009)
My questions:
1. Can my lawyer ask for an extension for filing RFE response in this scenario ?
2. Are there any alternatives if my company cannot come up with audited financial statements in this time frame ?
I appreciate your inputs.
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sameer2730
02-05 05:45 PM
My parents are going back to India in April'10 just before completion of their 6 months. But they want to come back again after 3 weeks. They have got their visa for 1 year. So they can stay another 4 months on their 2nd trip from May'10 to Aug'10.
Is it going to be a problem during their next visa stamping or immigration at airport as they will end up staying 10 months in US out of their 1 year approved visa ?
Please advise.
It can get difficult at the POE. My parents in laws returned in 4.5 months and got questioned a lot. They will not deport them but they could give them at 15 day I-94 in which case the trip will cost you/them a bomb.
Is it going to be a problem during their next visa stamping or immigration at airport as they will end up staying 10 months in US out of their 1 year approved visa ?
Please advise.
It can get difficult at the POE. My parents in laws returned in 4.5 months and got questioned a lot. They will not deport them but they could give them at 15 day I-94 in which case the trip will cost you/them a bomb.
more...
adnan_vijay
12-02 04:53 PM
my US green card holder mom partitioned for my green card in 2000
my priority date became current in june this year
my consular processing application has been lodge for almost 2 months now to USCIS.
can I please ask when is the FBI name check done?
how do I know if I pass the FBI name check?
:confused:
my priority date became current in june this year
my consular processing application has been lodge for almost 2 months now to USCIS.
can I please ask when is the FBI name check done?
how do I know if I pass the FBI name check?
:confused:
amitga
02-27 01:36 PM
No wonder you joined IV today.
Guys,
how far do u think the PD will advance id the DOL hopefully eliminates all backlog by 2007?
DO u think the PD will move forward by months,years?any Ideas?
Guys,
how far do u think the PD will advance id the DOL hopefully eliminates all backlog by 2007?
DO u think the PD will move forward by months,years?any Ideas?
more...
amyleu
06-18 12:55 PM
I filed the Labor Certification since September, 07 and got audited in November, 07. The response was sent to DOL in November, 07. I have not heard anything since then. Also, my H1B visa expired in the early of May, 08. I left US on April 28, 08. I�m very frustrated and depressed, and the lawyer is very unhelpful. I got questions as follows:
1) Should I refile the Labor Certification with my current employer in the new position? How about the audit? Should I request to DOL to withdraw the application first and refile the new one? Will my PD be changed according to the new filing date?
2) What would be the best way about H1B visa? I was out of US for one and a half month during these 6 years of H1B period. I heard that the vacation can be recapped, and I will be able to go back to US in the mid of July, 08 due to the pending PERM application for 365 days. In this case, should I start filing the H1B recapture with the H1 Extension now since my application will be pending for a year by the mid of July, 08 (include one and a half month times out of US). Otherwise, should I wait and start the application in the mid of July, 08?
3) If my Labor Certification is pending again till the end of one year extension (in the case of getting the approval on one year extension), do I have to leave US again?
4) I wonder if I should wait outside US for a year until the early of May, 09. Then, reapply the new 6 year- H1B visa again. Can my current employer do that for me? Would it be the better option comparing to the H1B recapture and H1B extension? In the case of starting the new application, when should I start the application? I heard the new H1B cap usually starts around the early of April and will be filled up within a couple days. Also, I have to wait for one year prior to applying for a new H1B, counting the day that my visa expired. So, does it mean that I have to wait till the early of May, 09 to be eligible to send the H1B application since the application will be rejected from USCIS in the case of submitting it prior to the early of May, 09 (one year rule)? Will the cap be filled up by then and what will I do?
Anybody, please advise. Thank you very much.
1) Should I refile the Labor Certification with my current employer in the new position? How about the audit? Should I request to DOL to withdraw the application first and refile the new one? Will my PD be changed according to the new filing date?
2) What would be the best way about H1B visa? I was out of US for one and a half month during these 6 years of H1B period. I heard that the vacation can be recapped, and I will be able to go back to US in the mid of July, 08 due to the pending PERM application for 365 days. In this case, should I start filing the H1B recapture with the H1 Extension now since my application will be pending for a year by the mid of July, 08 (include one and a half month times out of US). Otherwise, should I wait and start the application in the mid of July, 08?
3) If my Labor Certification is pending again till the end of one year extension (in the case of getting the approval on one year extension), do I have to leave US again?
4) I wonder if I should wait outside US for a year until the early of May, 09. Then, reapply the new 6 year- H1B visa again. Can my current employer do that for me? Would it be the better option comparing to the H1B recapture and H1B extension? In the case of starting the new application, when should I start the application? I heard the new H1B cap usually starts around the early of April and will be filled up within a couple days. Also, I have to wait for one year prior to applying for a new H1B, counting the day that my visa expired. So, does it mean that I have to wait till the early of May, 09 to be eligible to send the H1B application since the application will be rejected from USCIS in the case of submitting it prior to the early of May, 09 (one year rule)? Will the cap be filled up by then and what will I do?
Anybody, please advise. Thank you very much.
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weasley
05-21 09:56 AM
If spill over happens it will be applied based on the Priority date not based on the country quota
Few things:
3. Even if there is any spillover to EB3, nobody knows how USCIS will give those spillover number, will they go to EB3-ROW first or they will go as per the PD of Individuals regardless of Country of Origin.
Few things:
3. Even if there is any spillover to EB3, nobody knows how USCIS will give those spillover number, will they go to EB3-ROW first or they will go as per the PD of Individuals regardless of Country of Origin.
more...
Pineapple
10-14 02:08 PM
^^^
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SageDad
03-16 06:50 AM
Hi to all,
I met with a potential client who is an illegal immigrant living in the US. She has a child who is a US citizen. The father was voluntarily deported and the mother gave him permission to take the child back to their home country to visit the grandparents. The father was supposed to make sure the child returned to the US within 3 months. It has been 6 months. If my client files an application under the Hague Convention on the Civil Aspects of International Child Abduction, will the US Government begin deportation proceedings?
She should file the Hague application. Her immigration status should not be an issue. This link can give you more information:
International Family Law: Hague Abduction Convention and Immigration Status (http://www.internationalfamilylawfirm.com/2009/03/hague-abduction-convention-and.html)
I met with a potential client who is an illegal immigrant living in the US. She has a child who is a US citizen. The father was voluntarily deported and the mother gave him permission to take the child back to their home country to visit the grandparents. The father was supposed to make sure the child returned to the US within 3 months. It has been 6 months. If my client files an application under the Hague Convention on the Civil Aspects of International Child Abduction, will the US Government begin deportation proceedings?
She should file the Hague application. Her immigration status should not be an issue. This link can give you more information:
International Family Law: Hague Abduction Convention and Immigration Status (http://www.internationalfamilylawfirm.com/2009/03/hague-abduction-convention-and.html)
more...
ashshef
09-01 02:44 AM
Just tell the first level rep that its been over 90 days. They don't even ask your name...so no bad ramifications. They will transfer you. You can tell the 2'nd level rep the truth. They don't know what you told the 1'st level rep.
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BMWX5
12-26 08:28 AM
Hi
I planning to use AC 21 from Next week, I plan to call my parents in July 2008, What should I mention as my Immigration Status in Invitation letter.
As I will not be on H1B and neither I have Green Card ?
I talked to lot of people about using AC21, nobody is clear.
Since you confirmly mentioned that you'll invoke AC21 next week, could you inform us as you proceed further in this process. Please remember you are helping the whole community.
PS: Sorry I could not answer your question.
I planning to use AC 21 from Next week, I plan to call my parents in July 2008, What should I mention as my Immigration Status in Invitation letter.
As I will not be on H1B and neither I have Green Card ?
I talked to lot of people about using AC21, nobody is clear.
Since you confirmly mentioned that you'll invoke AC21 next week, could you inform us as you proceed further in this process. Please remember you are helping the whole community.
PS: Sorry I could not answer your question.
more...
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dalishi
09-02 07:14 PM
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trueguy
03-23 06:45 PM
Port of entry doesn't matter. You can leave from JFK and come back through California. It totally depends on your airlines and the route you choose. I have done it many times.
Not sure about 2months left on your visa thing. I don't have any comment on that.
Not sure about 2months left on your visa thing. I don't have any comment on that.
more...
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ZeroComplexity
03-13 03:11 PM
IV members should take the moral high ground refrain from making frivolous calls to USCIS, so that genuine issues get addressed quickly by USCIS.
You don't want to be holding up the lines over a LUD when someone is waiting for a USCIS customer rep over a denied I-485.
You don't want to be holding up the lines over a LUD when someone is waiting for a USCIS customer rep over a denied I-485.
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pd052009
05-23 09:45 PM
My comments were quoted in the blog. As said by previous posters, they have picked few lines from my comments. These comments were related to Qn#1 (How can immigration reform support America’s competitiveness in a 21st century economy?). We can not expect to see all the quotes from one user in issues like this.
more...
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gc28262
06-26 09:53 AM
Today I found out there was a soft LUD on my I485 application. I am not sure what it is. How can I find what is going on with my I-485 application. Befre that there was a soft LUD on my travel document which I file in 2007 after that I did not file that. I just want to know what is going on with my application. Please let suggest.
Probably it is the pre-adjudication. I had soft LUDs on mine and spouse's 485 for the last 2 days. Recently got my I-140 approved.
Not sure why there is an LUD on your travel document.
Probably it is the pre-adjudication. I had soft LUDs on mine and spouse's 485 for the last 2 days. Recently got my I-140 approved.
Not sure why there is an LUD on your travel document.
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rkp27
07-01 10:23 AM
Congrates to thoes lucky folks who received golden email about card production ..
Appriciate if you share your happiness .. just want to see how many of us are lucky..
Good luck guys..
Appriciate if you share your happiness .. just want to see how many of us are lucky..
Good luck guys..
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golgappa
11-17 04:59 PM
talk to some lawyers, or research internet, there are some number of days, after your visa expiry or H1B rejection that you need to pack and leave...find out if that applies to your case..
also when you got approval was it having new I-94 attached to it..or was it approved for consular processing..
also when you got approval was it having new I-94 attached to it..or was it approved for consular processing..
TheOmbudsman
06-14 10:27 AM
That's expected. The CIR contains highly controversial language there dealing with illegal aliens, which is clearly opposed by the majority of Americans. We are in the middle of it. That is it. It is silly expect otherwise. If you follow the results of last elections, you will see that there is a tendency that supporters of illegal alien legalization are losing. More and more we associate our provisions with CIR, less chances for us to see a bill passing.
makemygc
07-24 04:36 PM
Hi,
If 4 months after 485 filed, I leave my job. Can I use EAD to work for another company? My wife also has 485 filed, so I can use her to renew my EAD if I need to.
I'm assuming you both have filed 2 I-1485 and 2 EAD each. Based on your I-485, it's safe to change job only after 180 days of I-485 receipt date. You can change after 4 months but if for some reason your I-140 get revoked you are screwed. Same thing if you use the EAD obtained using your wife's 485. If you change your job before 6 months but use your wife's EAD and later on your company revoke your I-140, your I-1485 application is screwed up but you will stil be in status if your wife 485 is fine.
Again, there is risk involved with such a peculiar cases and you might get NOD. I've seen one such case in IV where husband got a rfe on wife's I-485 even though he withdrew his application long back. But that case has some other issues as well so it all depends on case-to-case.
Moral of the story is, if it is not a do or die situation, keep your case as simple as possible and switch job only after 6 months of 485.
Please close this thread also as there are several threads with similar questions.
If 4 months after 485 filed, I leave my job. Can I use EAD to work for another company? My wife also has 485 filed, so I can use her to renew my EAD if I need to.
I'm assuming you both have filed 2 I-1485 and 2 EAD each. Based on your I-485, it's safe to change job only after 180 days of I-485 receipt date. You can change after 4 months but if for some reason your I-140 get revoked you are screwed. Same thing if you use the EAD obtained using your wife's 485. If you change your job before 6 months but use your wife's EAD and later on your company revoke your I-140, your I-1485 application is screwed up but you will stil be in status if your wife 485 is fine.
Again, there is risk involved with such a peculiar cases and you might get NOD. I've seen one such case in IV where husband got a rfe on wife's I-485 even though he withdrew his application long back. But that case has some other issues as well so it all depends on case-to-case.
Moral of the story is, if it is not a do or die situation, keep your case as simple as possible and switch job only after 6 months of 485.
Please close this thread also as there are several threads with similar questions.
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